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Dec 7, 2013
12/13
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law. today we are going to extend that principle to people whose plans have changed since the law took effect and people that bought plans since it took effect. in other words, obamacare has a grandfather clause anything after the enactment of obamacare is illegal unless it meets the statutory requirement. with the president is saying as he is extending a grandfather clause to cover plans beyond what the statute contemplates so you think that's appropriate? >> i think you are making a good point. if it is to bury -- >> let me say that we passed in the house a bill that would have grandfathered in the plans and i think that we should do that. >> what i meant to say is i think it is appropriate as a measure if it is necessary to effectively -- >> contrary to the statute the whole point of obamacare is unique to force people into these exchanges. what about this idea. if the political environment is tough with fb a reason to delay the law or grant a waiver to the law if you cite to the politi
law. today we are going to extend that principle to people whose plans have changed since the law took effect and people that bought plans since it took effect. in other words, obamacare has a grandfather clause anything after the enactment of obamacare is illegal unless it meets the statutory requirement. with the president is saying as he is extending a grandfather clause to cover plans beyond what the statute contemplates so you think that's appropriate? >> i think you are making a...
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Dec 3, 2013
12/13
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law. i follow constitutional law ad nauseam. is asked by way. why. i'm always thought about constitutional law. in newspapers 51 said -- in federalist papers 51, what is government itself? degrees reflection on human nature. and it went back to refer to the great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means, the personal motives to resist encroachment of the others. and the government was set up to specifically prevent that. and the problem is, i am sitting here, not only in this administration, but in the previous administration and several administrations, the executive branch is taking for granted that they have exclusive power over issues that they don't. and i'm concerned about that. and what do we do to prevent that? where does it stop? here's my question. we've seen the president, and past presidents, inserting the war powers act which i think violat
law. i follow constitutional law ad nauseam. is asked by way. why. i'm always thought about constitutional law. in newspapers 51 said -- in federalist papers 51, what is government itself? degrees reflection on human nature. and it went back to refer to the great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means, the personal motives to resist encroachment of the...
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Dec 4, 2013
12/13
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law. the congress with writing the -- judiciaryish with interpreting them. the obama administration has ignored the carefully balanced separation of powers and unilaterally granted itself the extraconstitutional authority to amend laws and suspend enforcement. this raw assertion of authority those well beyond the executive presidentted to the and specifically violates the constitution's command that the care thatis to take the laws be faithfully executed. encroachment's into congress's sphere of power is not a transgression that should be taken lightly. as english historian edward gibbon's famously observed the romanthe follow empire, the principles of a free constitution are irrevocably lost when legislative power is dominated by executive. although the president's actions may not yet amount to the taking theowers over legislative power, they are certainly undermining the rule is at the center of our constitutional design. ,rom obamacare to immigration the current administration is pickin
law. the congress with writing the -- judiciaryish with interpreting them. the obama administration has ignored the carefully balanced separation of powers and unilaterally granted itself the extraconstitutional authority to amend laws and suspend enforcement. this raw assertion of authority those well beyond the executive presidentted to the and specifically violates the constitution's command that the care thatis to take the laws be faithfully executed. encroachment's into congress's sphere...
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Dec 4, 2013
12/13
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law. in the federalist papers number government, what is itself but the greatest of all reflections on human nature? it went back to refer to the great security against gradual concentration of the civil powers in the same department consists in giving to those who would minister each department and the constitutional means and .otives to resist encroachment the government was set up to specifically prevent this. , i am seeings here, and not only in this administration, but in need radius of mistreating and several administrations, the executive branch is taking for granted that they have exclusive power over issues that they do not. i'm concerned about that and what we do to prevent that. where does this stop? this is my question. we have seen the president and the past presidents, concerning the war powers act, which, i think, have violated the constitution. in this administration, they detained illegal immigrants. they stopped enforcement of drug laws, i know that because i'm a prosecut
law. in the federalist papers number government, what is itself but the greatest of all reflections on human nature? it went back to refer to the great security against gradual concentration of the civil powers in the same department consists in giving to those who would minister each department and the constitutional means and .otives to resist encroachment the government was set up to specifically prevent this. , i am seeings here, and not only in this administration, but in need radius of...
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Dec 7, 2013
12/13
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and did the president can suspend immigration laws, marijuana laws, why not election laws? >> well, i think that some of these areas i can't imagine it would be justified to prosecutorial discretion. it's not prosecutorial discretion to go in and say an entire category of people no longer be subject to the law. that's a legislative session. prosecutorial discretion is a case-by-case decision that is made by the department of justice. the department of justice starts to say we're going to extend that to whole sections of law, then they are engaging in the legislative act. not prosecutor discretion but wherever the lawn -- the law is drawn as can be drawn somewhere for me but it can't include categorical rejections of application of the law to millions of people. >> my time is up but i would just tell you that i always thought prosecutorial discretion was an individual prosecutor determine whether she or he has enough tax to substantially result in a conviction on a case-by-case basis. if a president is ignoring entire categories of the law, whether it be immigration, marijua
and did the president can suspend immigration laws, marijuana laws, why not election laws? >> well, i think that some of these areas i can't imagine it would be justified to prosecutorial discretion. it's not prosecutorial discretion to go in and say an entire category of people no longer be subject to the law. that's a legislative session. prosecutorial discretion is a case-by-case decision that is made by the department of justice. the department of justice starts to say we're going to...
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Dec 4, 2013
12/13
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law. this would seem to support the broad discretion in the executive branch who said enforcement is therefore nonenforcement priorities of judge, immigration and other law. is it not related to the alleged violation of the constitution by the president sitting immigration enforcement priorities outlined earlier to. >> thank you congressman. the judge who was one of the most respected and conservative judges on the federal bench, but he said here is absolutely correct and the principles that he's enunciating are precisely why according to face with the issue is undoubtedly to uphold as perfectly compatible with the president's discretion and the program that my co- panelists here is a gross violation of his duty. it's an important decision about a year and a half ago, the five to three majority including justice kennedy who wrote the opinion behind the teacher of the removal system on the immigration area by the immigration officials. the initial matter he must decide whether it makes sens
law. this would seem to support the broad discretion in the executive branch who said enforcement is therefore nonenforcement priorities of judge, immigration and other law. is it not related to the alleged violation of the constitution by the president sitting immigration enforcement priorities outlined earlier to. >> thank you congressman. the judge who was one of the most respected and conservative judges on the federal bench, but he said here is absolutely correct and the principles...
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Dec 3, 2013
12/13
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amend, way versus and the law. we must resist the president deliver a pattern of circumventing the branch in favor of administrative decision-making. we cannot allow the separation of powers enshrined in our constitution to be abandoned in favor of an undue concentration of power in the executive branch. as james madison warned centuries ago in federalist number 47, the accumulation of all powers, legislative, executive and judiciary in the same hands may justly be pronounced the very definition of tyranny. it is now my pleasure to recognize the ranking member of the judiciary committee, the gentleman from michigan, mr. conyers for his opening statement. >> thank you. good morning -- top of the morning to the witnesses and to my colleagues on the house judiciary committee. the president's constitutional duty to faithfully execute the laws would be an important issue worthy of a hearing by this committee if there was any evidence that the president has indeed failed to fulfill his duty. but unfortunately, it appears
amend, way versus and the law. we must resist the president deliver a pattern of circumventing the branch in favor of administrative decision-making. we cannot allow the separation of powers enshrined in our constitution to be abandoned in favor of an undue concentration of power in the executive branch. as james madison warned centuries ago in federalist number 47, the accumulation of all powers, legislative, executive and judiciary in the same hands may justly be pronounced the very...
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Dec 4, 2013
12/13
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of the law. some here contend that the president's decision not to defend the defense of marriage act violated the take care clause. in fact, the president made a judgment subsequently vindicated by the united states supreme court that the act was unconstitutional. while the case was pending, he continued to comply with the law. the president's decision not to defend the law was not novel. indeed, congress itself recognized this possibility.p congress understood that sometimes the administration's duty to take care that the laws be faithfully executed might include recognizing that a particular statute is unconstitutional. the constitution is as we are told in article 6 of the constitution, the supreme law of the land. presidents are required to follow it. past administrations have exercised their discretion not to defend a law that they have deemed unconstitutional. for example, the acting solicitor general at the time, john roberts, now the chief justice of the united states, refused to defend
of the law. some here contend that the president's decision not to defend the defense of marriage act violated the take care clause. in fact, the president made a judgment subsequently vindicated by the united states supreme court that the act was unconstitutional. while the case was pending, he continued to comply with the law. the president's decision not to defend the law was not novel. indeed, congress itself recognized this possibility.p congress understood that sometimes the...